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KIDNAPPING OF THE DUKE D'ENGHIEN. (See p. 498.)

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Luke Fox, made judge of Common Pleas.All this time "the great Admiral Vernon," as the Opposition delighted to call him, in disparagement of all the commanders favourable to the Government, lay still with his ships and afforded no assistance to the land troops. When Wentworth bitterly complained of this, to show that it was impossible to operate on the town from the harbour, Vernon sent into the inner harbour the Galicia, a Spanish ship which had been taken. This ship kept up a cannonade on the town for several hours, producing little effect, and was fired on from the town with as little. The men were then brought off in boats, the Galicia's cable was cut, and she was suffered to run upon a shoal, where she soon filled. The troops were now hastily re-embarked; the unhealthy season was at its height, and the men were swept away by fever more rapidly than they had been mowed down on land. The heavy rains had set in, and the troops in a few days were reduced to one half their number. Admiral Vernon instead of undertaking any enterprise which might have retrieved the honour of the British arms, set sail from Jamaica with the forces in July, and anchored in the south part of Cuba in a bay, on which he bestowed the appellation of Cumberland Harbour. Here the remains of that fine fleet and army, capable of achieving the most brilliant conquests under able commanders, were suffered to corrode away under the influence of inactivity, the season, bad salted provisions, and excess of rum.This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.
THREE:Up to this point, the whole Government and magistracy seemed as much stupefied as the poor wretches who had perished in the flames of the distillery. The king was the first to awake from this fatal lethargy. He summoned a Council on the morning of the 7th of June, at which he presided, and demanded what they had to propose for the suppression of these disorders. At the king's question the Cabinet appeared dumb-foundered. It was the general opinion that no officer could proceed to extremities against a mob, however it might be breaking the law, until an hour after the Riot Act had been read by a magistrate. This was a monstrous perversion of the meaning of that Act; but, had even this been zealously followed out, the riots must have been promptly suppressed. Luckily, at this moment Wedderburn, the Attorney-General, answered the king's interrogation boldly, that the Riot Act bore no such construction as was put upon it. In his opinion, no single hour was required for the dispersion of a mob after the reading of the Riot Act; and not even the reading of the Act at all was necessary for the authorisation of military force where a mob was found actually committing a felony by firing a dwelling-house, and could not be restrained by other means. Encouraged by Wedderburn's contention, the king declared that that had always been his own opinion, and that now he would act upon it. There should be, at least, one magistrate in the kingdom who would do his duty. The Council, gathering courage, then concurred, and a proclamation was issued, warning all householders to keep within doors with their families, the king's officers being now ordered to put down the riots by military execution, without waiting for any further reading of the Riot Act.On the motion for taking this Bill into further consideration, on the 8th of April, Mr. Hussey presented various petitions from merchants regarding the measure, and moved that the Bill required recommittal. He was seconded by Fox, who now, though approving of the main principles of the Bill, took occasion to contend for the development of the advanced doctrines of political liberty inculcated by the French revolutionists, and to urge the insertion of clauses in the Bill, in accordance with them. When the day for the debate on the Bill arrived, Fox called on Burke, though he had not done so for some time, and, in the presence of a common friend, entered into explanations which appeared satisfactory. Fox then proposed that the answer of Burke should not take place on the discussion of the Quebec Bill, though this was the Bill on which this topic had been introduced. Burke refused to comply; but the two old friends walked to the House together, displaying the last show of friendship which was to take place between them. Accordingly, on the 6th of May, when the chairman of the Committee put the question, that the Quebec Bill be read paragraph by paragraph, Burke rose, and determined to have a fair hearing on the question of the French Revolution, and proceeded to inveigh strongly against it. Then there were loud cries of "Order!" and "Question!" and Mr. Baker declared that the argument of Mr. Burke was calculated to involve the House in unnecessary altercation, and perhaps with the Government of another nation. Fox said his right honourable friend could scarcely be said to be out of order, for it seemed to be a day of privilege, when any gentleman might stand up and take any topic, and abuse any Government, whether it had reference to the point in question or not; that not a word had been said of the French Revolution, yet he had risen and abused it. He might just as well have abused that of China or Hindostan. This taunt came with ill grace from Fox, who had himself introduced this extraneous topic into the debates on this very Bill, and seized that occasion to attack Burke's opinions in his absence. 19 August 2015, John Doe
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THREE:Lord Oxford's case was brought at length to a termination also in his favour. His friends having complained of the hardship of keeping him without a hearing for nearly two years, the 24th of June was appointed for the trial to take place in Westminster Hall. The Commons again met in committee to complete the evidence against him; but it was now found that Walpole, who was the chairman, and who had formerly pursued the inquiry with all eagerness, had suddenly cooled, and seldom came near the Committee; and they therefore appointed a new one. In fact, he and Townshend, out of opposition, were doing that secretly which they could not do openly without loss of characterthey were exerting themselves in favour of their old antagonist, and they soon hit on a scheme for bringing him off without any trial at all. The Lords were persuaded to listen to any evidence in support of the charge of[39] misdemeanour before they heard that on the grave charge of treason, and the result foreseen by the Opposition took place when the resolution was reported to the Commons. They immediately determined that it was an infringement of their privileges, and declined compliance with it. This was what Walpole and the then partisans, secret or open, of Lord Oxford, had foreseen. The Commons refusing to attend in Westminster Hall on the day fixed, the Lords returned to their own House, and passed a resolution declaring the Earl of Oxford acquitted, an announcement received by the people with acclamation. The Commons then demanded that Oxford should be excepted from the Act of Grace; but, notwithstanding, he was released from the Tower, and the Commons never renewed the impeachment.FROM THE PAINTING BY F. X. WINTERHALTER IN THE NATIONAL GALLERY. 19 August 2015, John Doe
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THREE:From the Painting by E. M. Ward. R.A.As the French now made vigorous preparations for war, George II. began to tremble for Hanover, and put out all his energies to accomplish fresh alliancesof course, at the cost of fresh subsidies to be paid by England. Hesse-Cassel, the Empress of Russia, and even his old enemy, Frederick of Prussia, were applied to, and engaged, by promises of English money, in defence of Hanover. George was especially afraid of Frederick, who was bound by no ties where his interest was at stake, and who, if not retained at a high rate, might fall on Hanover as he had done on Silesia. In gaining Frederick, however, George lost his old ally, Austria, which, forgetting all past obligations, immediately made alliance with France. 19 August 2015, John Doe
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THREE:These arrangements having been made, the sovereigns of Russia and Prussia came over to London on a visit to the Prince Regent, and to take a look at that wonderful capital which had poured out such torrents of gold to bring up their armies to Paris. With them came the Duchess of Oldenburg, the sister of the Czar, the two sons of the King of Prussia, and a great number of the victorious field-marshals, generals, princes, dukes, barons, and the like. But the two grand favourites of the people were Platoff, whose Cossacks had charmed the British people so by their wild prowess, and the bluff old Marshal Blucher. This was a hero exactly after the British heartblunt, uncompromising, and, like the British, never knowing when he was beaten. 19 August 2015, John Doe
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The indignation of all parties in England was unbounded. They were persuaded that Junot might have been compelled to surrender with all his army as prisoners of war; that his arms and booty ought to have been given up entirely, as[562] well as the Russian fleet; and the army prevented from taking any part in the after war, except upon a proper exchange. And no doubt this might have been the case had Wellesley been permitted to follow his own judgment. A court of inquiry was appointed to sit in the great hall of Chelsea College, which opened on the 14th of November and closed on the 27th of December. Yet matters were so managed that scarcely any blame was cast on Sir Harry Burrard, and all the generals were declared free from blame. Sir Harry was, indeed, included in the praise bestowed by the committeethat Sir Hew Dalrymple, Sir Harry himself, and Sir Arthur Wellesley, as well as the rest of the officers and men, had displayed an ardour and gallantry on every occasion during the expedition that reflected the highest lustre on his Majesty's troops. But the public was not at all mystified by this strange sentence.The army set out in successive divisions, and by different routes, in consequence of the exhausted state of the country, which had been stripped by the French as by an army of locusts. The roads were intolerable, and the weather was vile. Wading through mud, and dragging their artillery through bogs and sloughs, they struggled on to Castello Branco, which the first division reached on the 4th of December. By the 11th Sir John had crossed the Portuguese frontier, and entered Ciudad Rodrigo. There he was received with great demonstrations of joy; and on the 13th he arrived at Salamanca. Here he had to remain for the coming up of his artillery, which, under a guard of three thousand foot and one thousand horse, had been conducted, by Sir John Hope, round by Elvas, as the only road, according to the Portuguese, by which heavy cannon could be conveyed. This was a proof of the great need of those arrangements so strongly urged by Sir Arthur Wellesley. Proper inquiries, through proper officers, would have ascertained beforehand the actual state of the roads and passes. Here Sir John, too, had to wait for Sir David Baird's detachment, which had arrived at Corunna on the 13th of October, but had found the greatest difficulty in being allowed to land and proceed. This was refused by the junta of Galicia, out of that ignorant and inflated pride of the Spaniards, which persuaded them that, because they had compelled Dupont to surrender, they could drive the French out of their country without any assistance of the British, whom they regarded not as saviours, but as intruders. Whilst application was made to the Central Junta, at Madrid, for the troops to land, they had to remain for a fortnight cooped up in the transports. There was still another hindrance, which the sound sense and foresight of Wellesley would not have permitted. Though the British Government had forwarded to Spain two hundred thousand muskets, with all requisite ammunition, and sixteen millions of hard dollars, Sir John Moore was entrusted with only twenty-five thousand pounds of it, and Sir David Baird with none at all. When, therefore, permission was obtained, from Madrid, for the Allies, who were bringing them all the arms and all the material of war, to land, Baird had no money to pay his way on the march with ten thousand men, and Sir John Moore had to remit him eight thousand pounds. This was sufficiently bad management, but this[564] was far from the worst. Sir John Moore, in the most critical circumstances, was left without the necessary information regarding the real strength of the enemy, and without the influence which the British Ambassador should have exerted to have the army supplied with the necessary means of conveyance for its baggage, ammunition, and artillery. The Spaniards obstructed rather than helped the British army. They did not know themselves that the French were pouring reinforcements through the Pyrenees to the amount of seventy thousand men, soon to be followed by Buonaparte himself. The British Ambassador, at such a time, ought to have taken measures for knowing the truth; but the Ambassador was, just at this moment, the most unfit person that could possibly have been pitched upon. Sir Charles Stewart, who had been for some time Ambassador at Madrid, was well acquainted with the Spaniards, and had energy and intelligence enough to have operated upon them. But as, with new changes of Ministry, everything must be changed by the British Government, even if it be for the worse, so here, not only had the generals been changed three times in four-and-twenty hours, but the active and well-informed Minister was withdrawn, and a most indolent and useless man sent in his place. This was Mr. John Hookham Frere, great in the Quarterly Review, and connected with Canning and his party. He either sent Sir John no information as to the state and position of the Spanish armies or of the advance and numbers of the French, or he sent him erroneous intelligence. Lord William Bentinck, who was in Spain, exerted himself to rouse the Spanish Junta to a proper sense of their real position, and of the necessity for affording the British army, which had come to assist them, all the information and support that they could; and he himself sent word that the French were crossing not merely the Pyrenees, but the Ebro. At length, a dispatch to Marshal Jourdain, being accidentally intercepted by a guerilla party on the frontiers, startled the Junta with the news that immense bodies of French were advancing into Spain; and they began to appreciate the value of their British allies, but would do nothing to facilitate their march, or to direct them to the quarter where they would be most useful; and Frere, who should have stimulated them to a sense of their duty, did just nothing at all.
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